Legal Question in Family Law in Indiana
My ex wife and I have 3 children together and I pay over the limit in child support every month while she sits at home and doesn't work living off of my money, she is more than capable of working. Is there any laws out there that would force my ex to get a job and help support our children or do I have to pay more in child support because she doesn't want to work?
2 Answers from Attorneys
If you can establish that she is underemployed and that such underemployment is intentional, the court can impute a higher rate of income to her for support purposes. You should compute what support would be at those theoretical higher levels though before doing anything. Frequently increasing her income, especially with three children, doesn't do that much for your support level (you're paying a smaller percentage of a higher total). An attorney in your area can help you decide whether it is worth doing.
Good luck.
You cannot make her find a job. However, if you can show that she is capable of earning a certain wage , you may be able to have support modified, based on that wage regardless of whether she works.
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